to that is enshrined within international law. The indirect consequences
result in the singling out of human rights organizations, UN agencies, and
other instruments mandated to protect human rights, as well as a growing
Palestinian frustration and disillusionment in international law and its ability
to implement effective protection mechanisms.
For international law to be applied effectively, certain mechanisms have
been established to monitor and assist in their implementation including UN
Special Rapporteurs and fact finding missions. As the cooperation of states
with these mechanisms is necessary for them to function properly, there are
several stipulations within international law referencing their obligations to
do so. Former UN Special Rapporteur on the situation of human rights in
the Palestinian territory, Richard Falk, stated that Israel’s non-cooperation
represents “a breach of the legal duty of States Members of the United
Nations to facilitate all official undertakings of the organization” and it
also “deprives the mandate of direct interaction, including the receipt of
testimony bearing on international law grievances from representatives of
the Palestinian people.”314 All UN member states must abide by the Charter
of the UN which states in Article 105 that “Representatives of the Members
of the United Nations and officials of the Organization shall similarly enjoy
such privileges and immunities as are necessary for the independent exercise
of their functions in connection with the Organization.” Israel, as a member
state of the UN, is therefore obligated to comply with this article. It is also
obligated to uphold treaties and covenants to which it is a signatory, such as
the ICCPR, and therefore, to cooperate with bodies such as the UN Human
Rights Council.
Israel has ignored these responsibilities by consistently denying entry to
representative officials, which constitutes a serious breach of international
law. For example, the UN Special Rapporteur on the situation of human rights
in the Palestinian territory, Richard Falk, was detained when attempting to
access the oPt to fulfill his duties in 2008 and subsequently deported.315 All
requests to visit the oPt made by his successor Makarim Wibisono from
2014 to 2016 were denied. In January 2016 Wibisono resigned his position,
stating that he was unable to fulfill his mandate without access to the oPt;
“unfortunately, my efforts to help improve the lives of Palestinian victims of
violations under the Israeli occupation have been frustrated every step of
314 UN Special Rapporteur Richard Falk, Report on the situation of human rights in the Palestinian
territories occupied since 1967 (A/HRC/25/67), UN Human Rights Council, 13 January 2014.
Available
at:
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/101/98/pdf/G1410198.
pdf?OpenElement
315 UN News Centre, Israel’s detention of UN expert ‘unprecedented’ – rights chief, 16 December 2008.
Available at: http://www.un.org/apps/news/story.asp?NewsID=29326#.WE_Rw7J96Uk
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